Approving a deregulation plan submitted by the Public Service
Commission whereby users of electricity in the state would
have open access across existing and new utility delivery
systems to a competitive market for power supply; but delaying
implementation of the deregulation plan until necessary tax
changes are enacted by the Legislature to satisfy the
legislative findings regarding preservation of tax revenues
for state and local governments and an implementation
resolution is adopted so finding.

Whereas, Enrolled Committee Substitute for H. B. 4277 passed by
the Legislature on March 14, 1998 (codified as W. Va. Code §24-2-
18)directed the Public Service Commission to determine whether it
is in the public interest for West Virginia to adopt a plan, known
as a deregulation plan, whereby users of electricity in the state
would have open access across existing and new utility delivery
systems to a competitive market for power supply; andWhereas, In determining whether or not to make a finding of
public interest that West Virginia should adopt a deregulation plan
and in developing a deregulation plan, the Commission sought and secured in the manner specified in W. Va. Code §24-2-18(a)(5) and
(6) and (b)(1) the involvement of, and consultation with, a wide
spectrum of interests in the state, including, but not limited to,
those interests designated "all interested parties" as specified in
W. Va. Code §24-218(a)(4); andWhereas, The Commission as a consequence of the involvement of,
and its consultation with, "all interested parties" and others,
made a finding that it is in the public interest for West Virginia
to adopt a deregulation plan and subsequently developed a
deregulation plan for submission to the Legislature for approval as
provided in W. Va. Code §24-2-18; andWhereas, The Commission's deregulation plan, which included its
finding of public interest, is set forth in an order issued on
January 28, 2000, denominated Case No. 98-0452-E-GI, and was
submitted to each house of the Legislature on January 31, 2000, as
provided in W. Va. Code §24-2-18(c); andWhereas, The deregulation plan submitted by the Commission to
the Legislature (a) includes the Commission's findings that the
deregulation plan fairly balances the interests of the electric
utilities, their customers, and the state's economy and that the
deregulation plan is consistent with the legislative findings set
forth in W. Va. Code §24-2-18(a)(6)(A)-(M); (b) prescribes
procedures and standards for the marketing of power supply in the
state; and (c) resolves all issues necessary to provide for an
orderly transition from the current regulated structure to a system
of direct retail access in a fully workable competitive power supply market in a manner that is fair to customers, electric
utilities and other affected parties; andWhereas, Concurrently with the submission of its deregulation
plan to the Legislature, the Commission issued a report to the
Governor, the President of the Senate and the Speaker of the House
of Delegates on the potential state or local tax consequences of
implementing the deregulation plan, but that the necessary tax
changes have not been enacted by the Legislature to satisfy the
legislative findings regarding preservation of tax revenues for
state and local governments, set out in W. Va. Code §24-2-18(a)(6)
and (7); therefore, be itResolved by the Legislature of West Virginia:
That the deregulation plan embodied in the Commission's order
of January 31, 2000, denominated Case No. 98-0452-E-GI, and
submitted to the Legislature on January 31, 2000, is hereby
approved: Provided, That the deregulation plan shall not be
implemented by the Commission unless and until necessary tax
changes are enacted by the Legislature to satisfy the legislative
findings regarding preservation of tax revenues for state and local
governments, and an implementation resolution is adopted so
finding.